The Office of the Solicitor General on Wednesday admitted its role in the filing of criminal charges against the opposition personalities accused of involvement in the alleged plot to oust President Rodrigo Duterte.
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A report from ABS-CBN News has also revealed that the OSG had a hand in drafting the affidavit of Peter Joemel Advincula alias Bikoy, the witness in the sedition raps filed against Vice President Leni Robredo and more than 30 other personalities.
An examination of the affidavit’s soft copy showed that two individuals working in the OSG were the authors of the Microsoft Word document, according to the report.
Meanwhile, the Justice department has ordered the Philippine National Police-Criminal Investigation and Detection Group to provide the panel of prosecutors the missing information, particularly the addresses of all those named in the sedition case related to the “Ang Totoong Narcolist” series of videos.
“The Panel noted that the complaint filed before it does not state the respondents’ complete addresses. The missing information has made it difficult for the Panel to cause service of the subpoena to respondents,” Justice Undersecretary Mark Perete said Wednesday.
The OSG said it assisted the PNP-CIDG in filing the charges against Robredo and several opposition personalities before the Justice department last week.
However, the chief state lawyer said there was nothing wrong with this because providing legal services to government agencies like the PNP was part of its mandate under Executive Order 292 or the Administrative Code.
“The OSG is the principal lawyer of Republic of the Philippines and all its agencies and departments which includes, among others, the PNP-CIDG. It is the OSG’s legal duty to serve its clients when they seek legal advice,” the OSG said in a statement.
But the OSG did not say whether it indeed prepared the affidavit of Advincula in the “Ang Totoong Narco-list” videos who stands as a witness in the CIDG complaint as reported by ABS-CBN.
“It is also the duty of the OSG to abide by the client-lawyer confidentiality imposed by law. Hence, as lawyers, we cannot divulge details or information about the specifics of this case,” the OSG said.
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Still, the OSG clarified that the PNP-CIDG is its client and not Advincula, who is represented by private lawyer Larry Gadon.
Gadon said the OSG was not present when Advincula prepared and subscribed to his affidavit.
“The CIDG probably consulted the OSG after the statements were taken and it is perfectly normal for any government office or agency to seek the advice or consult with the OSG for correction of any legal matter in line with their work. There is nothing wrong nor sinister with that since the OSG is the lawyer of the government,” he said in a statement.
However, Gadon, who became prominent after filing the impeachment complaint against ousted chief justice Maria Lourdes Sereno, rejected the statement made by former UP law dean Pacifico Agabin that the OSG’s participation in drafting Advincula’s affidavit could prove that the charges were meant to oppress the opposition.
“This is a gross misconception of the functions of the OSG. To what I know, the OSG gives legal advice and opinion to any government agency without predetermining political affiliation of people involved in an issue brought before the OSG. The acts of OSG in giving advice should not be translated right away into oppression of opposition otherwise the OSG will be stifled,” Gadon said.
He said such allegation could result in “paralysis” of the functions of the OSG.
Agabin is one of the counsels of former senator Antonio Trillanes IV, one of the 35 respondents in the CIDG’s complaint for sedition or inciting to sedition, cyber libel, libel, estafa and harboring a criminal or obstruction of justice.
The OSG has not commented on the matter as of press time.
Justice Secretary Menardo Guevarra said the OSG’s role was irrelevant in the resolution of the charges.
“As far as the DOJ is concerned, what is of utmost importance is whether or not the complainant PNP-CIDG’s evidence will support its allegations and establish probable cause against all the respondents, regardless of who drafted the complaint-affidavit,” he said in a text message when sought for a reaction.
Guevarra said the DOJ will be fair and swift in resolving the case.
“That’s why I want the special panel of state prosecutors to commence the preliminary investigation immediately,” he said. With MJ Blancaflor
